Terms & Conditions of Use of Website

v.1 (last updated September 2019)

Our website located at https://a78.co.uk including any mobile application (the “Website”) is owned and operated by A78 LTD, a company incorporated in England and Wales with company number 11219030 and with registered address 85 France Street, Parkgate, Rotherham, United Kingdom, S62 6BL and its affiliates (collectively referred to as “we”, “our” or “us”).

Please read these terms and conditions of use of the Website (these “Terms”) before using the Website. By purchasing from this Website you signify your agreement to be bound by these Terms. “You” and “your” when used in these Terms include any person who accesses the Website or submits personal data via the Website. If there is any term within these Terms that you do not understand please discuss it with our customer services team at info@a78.co.uk before accepting these Terms.

These Terms govern your use of the Website. To purchase items from us you will need a user account. You must be 7 years old or older to have a user account with us. If you are 7 or older but under 18 you are only permitted to have a user account with access to the Website if your parent or guardian has assisted with, and consented to, the creation of your user account with us. If you are a parent or guardian, your responsibilities for your child’s family members are explained herein.

By accessing, browsing, or otherwise using the Website by any means and via whatever device, or registering your details with us to access certain areas of the Website or to receive our email communications, you agree to abide by the terms and conditions of these Terms and our Privacy Policy.

If you fail to comply with these Terms, we may take action against you as explained below including banning you from the Website.

Discount codes

We reserve the right to cancel a discount code or cancel your order if we consider that it is being used in breach of these terms.

The discount code EUDPDKS7 must not be applied 2 or more times. A customer can use a discount code EUDPDKS7 one time only ( name, address). This specific code EUDPDKS7 applies to 1st order or any other order in the future if this code hasn’t been used before.

We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

Changes to these Terms

We reserve the right to change these Terms at any time by posting revisions to this Website and we encourage you to read these Terms periodically to ensure that you are at all times fully aware of them. Any changes are effective immediately upon posting to this Website.

User Account

• You will be required to set up an account with us for the purpose of improving your experience whilst using the Website (a “User Account”) and to be able to purchase certain products and other offerings provided by us, all of which are referred to as “Products”.

• In order to obtain a User Account, you are required to complete the registration process. You hereby represent and warrant to us that any and all information submitted to us in the course of the registration is accurate and true. You undertake to keep your registration information up to date.

• You are responsible for maintaining the confidentiality of your User Account and password and for restricting access to your system and User Account. This includes keeping your User Account details secret such as your User Account ID and password and not allowing other users to use your User Account. You agree to notify us immediately if you have any reason to believe the security of your User Account has been compromised, including if you believe that your password has become known to anyone else or if your password is being, or is likely to be, used in an unauthorized manner. You must log off each time at the end of the session. We shall bear no liability for any harm, loss, or damage resulting from your failure to comply with the requirements of these Terms.

• You must be 7 years old or older to have a user account with us. If you are 7 or older but under 18 you are only permitted to have a user account with access to the Website if your parent or guardian has assisted with, and consented to, the creation of your user account with us. If you are a parent or guardian, you must ensure that your child members comply with these Terms and keep their User Account details secret from everyone (including their friends) including their User Account ID and password. If you are a parent or guardian, you are responsible for all use of your child’s family members, including all purchases and you agree to notify us immediately if you have any reason to believe the security of your child member’s User Account has been compromised, including if you believe that their password has become known to anyone else or if their password is being, or is likely to be, used in an unauthorized manner. We are not liable for any unauthorized use or sharing of the User Accounts of your child’s family members.

• You are responsible for all use of your User Account, including all purchases (except where such use is directly due to our error). You may be liable for unauthorized usage of your User Account as a result of failing to keep your information secure. If you believe you have been a victim of crime in relation to the Website (including any fraudulent activity on your User Account) you should immediately contact law enforcement and our customer services team at info@a78.co.uk.

• You acknowledge and agree that we shall be entitled to terminate or suspend your User Account at our sole discretion without any notice to you in the event of your breach of these Terms or without any reason.

Purchasing Products

• When you or any of your child’s family members buy any Product from the Website this will be an order from you or them to us and a contract is formed between you or them and us on these Terms. You agree that we may deduct sufficient funds from the selected payment method for all placed orders from your or their User Account. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Prices are subject to change and promotions may be withdrawn at any time you are required to ensure that your child’s family members understand the price of any Product they order.

• Your order is an offer to us to buy the Product(s) in your order. When you place an order to purchase a Product from us, we will send you an e-mail to the e-mail address registered to your User Account confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is an acknowledgment that we have received your order and does not confirm acceptance of your offer to buy the Product(s) ordered. We only accept your offer and conclude the contract of sale for a Product(s) ordered by you, when we dispatch the Product(s) to you and send e-mail confirmation to you that we’ve dispatched the Product(s) to you (the “Dispatch Confirmation E-mail”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the Product(s) specified in that Dispatch Confirmation E-mail. You can cancel your order for a Product at no cost any time before we send the Dispatch Confirmation E-mail relating to that Product.

• All purchases are made in the currency and at the price displayed when you order and delivery charges which will be added to the total amount due as set out in the “basket” section of the order process. You must pay any card or bank charges that apply (if any). When ordering products from us for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving any Products.

• We may choose to cancel or not accept your order for any reason (including our price errors). The price of all Products will be as quoted on our Website from time to time, except in cases of obvious error. It is possible that, despite our best efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of any Product you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or canceling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as canceled and will notify you.

• Unless there are exceptional circumstances, your Products will be despatched for delivery in accordance with the delivery service chosen by you during the ordering process. Working days are Monday to Friday, excluding United Kingdom bank holidays.

• Delivery is complete once the Products have been unloaded at the address for delivery set out in your order and signed for. The Products will be at your risk from the time of delivery. Ownership of the Products will pass to you on delivery.

• Please refer to our Returns Policy that explains your rights after you have received the respective Product(s).

• You consent to receive sales invoices electronically. Electronic invoices will be made available in the ‘My Account area of the Website.

• We reserve the absolute right to withdraw any Product or any feature of the Website and if we do so we will give you all reasonable notice.

• Unless expressly indicated otherwise, we are not the manufacturer of the Products sold on this Website. While we work to ensure that Product information on our Website is correct, actual product packaging and materials may contain more and different information than that displayed on our Website. All information about the Products on our Website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our Website. Please always read labels, warnings, and directions provided with any Product before use.

Use of the Website

• We are the owner or the licensee of all intellectual property rights in the Website, the Content, and the Trade Marks. Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive license to access, browse and use the Website (including the Content and Trade Marks) for your personal and non-commercial use only. Where specified in the relevant part of the Website, the licence granted herein may be limited to a particular period of time and/or may be subject to additional terms and conditions.

• For the purposes of these Terms “Content” includes, but is not limited to, all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, product details, and/or software published or otherwise available on the Website from time to time (including, without limitation, anything made available for download) and “Trade Marks” means the trademarks, logos and service marks (whether or not registered) displayed on the Website.

• While accessing, browsing, and/or using the Website you must:

comply with all applicable laws, regulations, and codes;
not impersonate another person or use a false name or email address;
not deep-link to and/or frame or use framing techniques to enclose the Website or any part of the Website without our prior written consent;
not modify or attempt to modify all or any part of the Content or the Website; and
not gain or attempt to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;

• Except as set out in the limited license set out herein (or as required under any applicable law), the Content, Trade Marks, and/or any other part of the Website may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. You are not permitted to republish any part of the Website (including the Content) on another website, in any other medium (print, electronic, or otherwise), or as part of any commercial service without our prior written permission.

• At any time and without giving you any advance notice, we may permanently or temporarily and for any reason terminate, suspend or deny your access to the Website (whether in whole or in part).

Maintenance or Closing of the Website

We may take down the Website and/or any of its Products at any time for any duration and for any reason, including for investigation of any security incident and for carrying out system maintenance and upgrades.

Closing your Account

You may close your User Account by following the procedures set out on the Website. We may close your User Account if it has not been used for at least 12 months.

Data Protection, Privacy, and Cookies

• When you use the Website and its Products, we, other users, and third parties may collect, use and share with others information that relates to you (or your child’s family member). The collection, use, and sharing of personal information that relates to you are explained in our Privacy Policy. By using the Website and its Products, you agree to the collection, use, and sharing of your personal information as explained in that policy.

• We reserve the right in our sole discretion to monitor and record (or engage a third party to monitor or record) any or all of your activity without further notice to you. This may include information such as the time and location of your activities, your name, your username, and your IP address. We may also receive information about your activity on the Website from other users. Any information collected in this way may be used by us or our affiliated companies to enforce these terms of service, to comply with the law, to protect our rights and those of our licensors and users, and to protect the personal safety of our employees, contractors, and users. This information may be passed to the police or other appropriate authorities. Please note that we cannot monitor all Website activity and we make no commitment to do so.

• Full details of the way in which we use cookies on the Website and how we hold and process information from which we can identify you or any third party are set out in our Privacy Policy and our Cookie Policy.

Aggregate Information

• We may gather information and statistics collectively about all visitors to the Website and users of our services which may include the information supplied by you. This information helps us to design and arrange our web pages in a user-friendly manner and to continually improve the Website and our services to better meet the needs of our Website users.

• We may share this kind of aggregate data with selected third parties to assist with these purposes. Personal data is processed by us in accordance with our Privacy Policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.

Third-Party Links

The Website may contain hypertext links to third-party websites. We are not responsible for, nor do we endorse in any way the such third-party website or their content. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.

Exclusions and Limitations of Liability

• All information and/or data on the Website is provided on an “as is” basis. Save to the extent required by law, no representations, warranties, or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Website or the Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.

• Neither we nor any of our data providers or affiliates gives any warranty or guarantee relating to the availability of the Website or that the Website and/or our operation of it, the Content, or the server that makes the Website available are error-or virus-free or free of other harmful components or that your use of the Website and/or the Content will be uninterrupted.

• You agree that we, our directors, employees, agents or other representatives, data providers, or affiliates will not be responsible or liable (whether in contract, tort, or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:

- - interruption of business; or
  - access or other delays, terminations, suspensions, denials, or access interruptions to the Website; or
  - data non-delivery, data mis delivery, data corruption, destruction of data, or other modification of data; or
  - third-party website links on the Website; or
  - reliance on the information contained on the Website; or
  - computer viruses, system failures or malfunctions that may occur in connection with your use of the Website; or
  - any inaccuracies, omissions, or misleading, false or deceptive statements in the Content; or
  - events beyond our reasonable control.

• Notwithstanding any provision of these Terms, we do not exclude or limit our liability for:

- - death or personal injury caused by its negligence or that of any of its officers, employees, or agents; or
  - fraudulent misrepresentation; or
  - any liability that it is not lawful to exclude either now or in the future.

• Indemnification

- - To the fullest extent permitted by applicable law, you shall indemnify, defend and hold harmless and reimburse us, including our subsidiaries, affiliates, directors, officers, employees, agents, representatives, and assignees and successors, harmless from and against any and all claims, damages, losses, actions, demands, proceedings, expenses and/or liabilities filed (including without limitation all legal fees and expenses), incurred by us arising from or relating to:
    - any breach of these Terms by you; or
    - your fault, negligence, or breach of statutory duty; or
    - your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased, or licensed to us) or that of any of our suppliers.
  - Representations and Warranties
    - By using the Website or any of our services you represent and warrant that:
      - you have read and understood these Terms and have the authority to enter into these Terms, to use the Website and our Services, and to carry out and perform your obligations under these Terms; and
      - you appreciate the risks and implications of using the Website and our Services, including all methods of payment for our Services specified on the Website, as well as know how to manage them, and you are solely responsible for any evaluations based on such knowledge.
    - Force Majeure
      - We shall not be liable for failure to perform or comply with any of our obligations under these Terms if such failure is caused by the occurrence of any unforeseen contingency or circumstances beyond our reasonable control (a “Force Majeure Event”).
      - For the purposes of these Terms, a Force Majeure Event shall include, but not be limited to, the following events: war (whether declared or undeclared), armed conflict, acts of terrorism, natural disasters or weather conditions, acts of governmental authorities or courts, industrial disputes affecting any third party, failures or fluctuations in electrical power or telecommunications service, failures or problems in regards to the internet or a part of the internet, hacker attacks, viruses or other malicious software attacks, and any other activity that is beyond our reasonable control.
    - General
      - Any contractual or legal relationship between us and you will be concluded in English.
      - All notices shall be given by e-mail to us at info@a78.co.uk and to you, at the e-mail you provide during the registration process. Notice will be deemed received 24 hours after such e-mail is sent.
      - Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorize either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
      - In the event that, following a breach of these Terms by you or under any other scenario, if we do not take action against you, or we fail to require or enforce strict performance of any provision of these Terms, such failure or decision shall not be considered a waiver of our rights to assert or rely upon any such provision or right. We shall still be entitled to assert or rely upon our rights and remedies in any other situation. Similarly, any express waiver by us of any rights or provisions of these Terms regarding any particular situation shall not constitute a waiver of its rights for other similar or future situations.
      - We may assign our rights and obligations under these Terms. Any licence granted herein is personal to you and may not be assigned, transferred, or sub-licensed (in whole or in part) without our prior written consent.
      - If, and to the extent that, any of the provisions of these Terms are disallowed or found to be ineffective, invalid, unlawful, or unenforceable by a court or regulator of competent jurisdiction, such provision shall to that extent be severed from the remaining provisions contained herein, which shall continue to be valid and applicable to the fullest extent permitted by law.
      - Except as otherwise provided herein, these Terms are intended solely for the benefit of you and us and are not intended to confer third-party beneficiary rights upon any other person or entity.
      - These Terms shall be governed and construed in accordance with the laws of England and Wales.
      - Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this Clause 14.9. The number of arbitrators shall be one. The seat, or legal place, of arbitration, shall be London, United Kingdom. The language to be used in the arbitral proceedings shall be English.
      - Any dispute arising out of or related to these Terms shall not be brought as a class arbitration, class action, or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempt to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.